Retrial or rehearing

177 Court may order retrial or rehearing as to sentence in certain cases

(1)

This section applies if—

(a)

a defendant is convicted of—

(i)

a category 1 or 2 offence; or

(ii)

a category 3 offence punishable by a term of imprisonment not exceeding 3 years, if the defendant did not elect a jury trial; or

(b)

an order is made under section 106(3) of the Sentencing Act 2002 in relation to a defendant who pleads guilty or is found guilty of—

(i)

a category 1 or 2 offence; or

(ii)

a category 3 offence punishable by a term of imprisonment not exceeding 3 years, if the defendant did not elect a jury trial; or

(c)

an order is made under section 375(1)(b) in relation to an infringement offence.

(2)

A court may order—

(a)

a retrial of the charge; or

(b)

a rehearing in relation to the sentence or order imposed on the defendant.

(3)

An application for a retrial or rehearing must be determined by the judicial officer who presided over the first trial or hearing.

(4)

If it is impracticable for the judicial officer who presided over the first trial or hearing to determine the application, any Judge may determine it.

(5)

A retrial or rehearing may be ordered under subsection (2), on any terms the court thinks fit, and as to the whole matter, or only as to the sentence or order.

(6)

Despite subsection (1), a defendant who is eligible to apply for a retrial under section 125 or a rehearing under section 126 must not apply for a retrial or rehearing under this section.

Compare: 1957 No 87 s 75(1)